Proof of the instance of assault or battery – assault is essentially attempted or threatened force while battery is the execution of that force in the form of offensive contact. The contact does not need to be severe or particularly damaging to be considered battery; California state law merely requires the contact to be unwanted or offensive.
Intent – accidentally bumping into someone at a crowded bar does not qualify as battery. Intentionally pushing someone because they accidentally bumped into might as the action was done on purpose, though on dubious grounds.
Ability – the accused individual must have actually been physically able to execute the battery for a reasonable case to be brought. If an individual swung a bat at the defendant but the bat was made of foam, there wasn’t the ability to cause actual harm.
Medical bills – This can include medications, surgery costs, general hospital bills, physical therapy, etc. Future medical bills that may be reasonably anticipated may also be sought.
Lost wages – Lost future wages due to a continued injury may also be sought when reasonable.
Lost earning potential – If an injury causes a significant, permanent change to an individual’s capacity to earn a wage, the plaintiff may seek to be compensated for this.
Loss of quality of life – If a significant change has occurred due to the incident in question, changing the plaintiff’s ability to enjoy life as he or she once did, there is reasonable basis for compensation.
Pain and suffering
Loss of companionship – In the case the was a wrongful death and the claim is being pursued by a loved one